Md. Rafiqul Islam vs The State Of Assam And Ors
2026 Latest Caselaw 2565 Gua

Gauhati High Court

Md. Rafiqul Islam vs The State Of Assam And Ors on 20 March, 2026

Author: K.R. Surana

Bench: Kalyan Rai Surana

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GAHC010053432026




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                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : W.P.(Crl.)/12/2026

            MD. RAFIQUL ISLAM
            S/O- NAZIM UDDIN, RESIDENT OF- VILL.- MALAHUGAON, MORIGAON,
            P.O.AND P.S.- BHURAGAON DISTRICT- MORIGAON, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
            GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, JANATA
            BHAWAN, ( ASSAM SECRETARIAT COMPLEX,) DISPUR, GUWAHATI- 781006

            2:THE DIRECTOR GENERAL OF POLICE
            ASSAM
            ASSAM POLICE HEADQUARTERS
             ULUBARI
             GUWAHATI-781007

            3:THE SUPERINTENDENT OF POLICE
             KARBI ANGLONG DISTRICT
            ASSAM

            4:THE OFFICER IN CHARGE
             KHATKHATI POLICE STATION
             KARBI ANGLONG DISTRICT
            ASSA

Advocate for the Petitioner   : MR. A R BHUYAN, MR N A MAZARBHUIYA,MR N Z
CHOUDHURY

Advocate for the Respondent : GA, ASSAM,
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                                  BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                      ORDER

Date : 20.03.2026 (K.R. Surana, J)

Heard Ms. S. Laskar, learned counsel for the petitioner. Also heard Ms. R.B. Bora, learned Govt. Advocate who has produced a copy of report dated 18.03.2026, issued by the Officer-In-Charge of Khatkhati Police Station.

2. It is informed that in routine check-up duty, 2 (two) trucks bearing registration no. AS 01 NC 4826 and AS 01 PC 8349 was coming from Dimapur towards Khatkhati side were intercepted and during checking it was found that 16 numbers of buffaloes were loaded in the truck bearing registration no. AS 01 PC 8349 and 9 number of buffaloes were found loaded truck bearing registration no. AS 01 NC 4826. It is further stated therein that the drivers and handyman of both the truck could not produce any document except the trade license of M/s. Brahmaputra Cattle Farm and during the said time, the driver and handyman of one truck bearing registration no. AS 01 PC 8349, where 16 buffaloes were loaded, had managed to escape from the spot, taking advantage of the darkness.

3. Accordingly, as the driver and handyman had fled away, there was strong suspicion that the buffaloes might have been stolen from somewhere and transported illegally.

4. It is further reported that both the vehicles are not fit for transportation of the buffaloes, the vehicles have slippery floors and does not have adequate space and there was no arrangement for safety, fodder or Page No.# 3/4

drinking water for the transported animals and the animals were being transported in overcrowded and unsafe condition. It is also reported that both the vehicles were seized in the presence of witnesses and 2 laborours and the driver of the truck bearing registration no. AS 01 NC 4826, namely, Hakim Bhuyan, Inam and Naseem were brought to the Police Station. The seized buffaloes were kept at a private gaushala located behind Ashok petrol pump, Khatkhati and kept under proper care and management for fodder and water and arrangement was made for medical examination and treatment of the said buffaloes and in this regard on 11.03.2026, Khatkhati P.S. Case No.31/2026 under Section 303(2)/ 3(5) of the BNS read with Section 11(1)(a) /11(1)(d) / 11(1)(e)/ 11(1)(h) of prevention of cruelty to Animal Act was registered and investigated. It is also reported that later on, it was learnt that both labourers, namely, Inam and Naseem were seen at the said Gausala and on being asked, they replied that the owner of M/s. Brahmaputra Cattle Farm had directed them to stay at the Gausala for taking care of the buffaloes.

5. It is also stated that the statement of the apprehended persons were recorded under Section 180 of the BNSS and the accused persons namely, Hakim Bhuyan, Inam and Nassem were explained the reasons for registration of case and they were released on P.R bond by serving notice under Section 35(3) of the BNSS and the seizure along with the seized articles were sent to the Court of learned Sub-Divisional Judicial Magistrate (M), Bokajan, Karbi Anglong. It is further stated that nobody has came for claiming the ownership of the buffaloes so far.

6. In that view of the matter, the matter is adjourned to enable the learned counsel for the petitioner to obtain instructions and to address the Court.

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7. The said report dated 18.03.2026 is kept as a part of record.

8. List on 01.04.2026.

                                  JUDGE                 JUDGE




Comparing Assistant